The President of the Center for Arizona Policy, Cathi Herrod, stated that the lawsuit challenges Arizona’s abortion restrictions, arguing that these regulations violate the state’s constitution by denying the reality of an unborn child’s life.
In 2022, the Arizona Legislature passed SB 1164, criminalizing abortions after 15 weeks, which came into effect in September of that year. Arizona voters approved an amendment granting a constitutional right to abortion up to fetal viability in the recent Nov. 5 election.
The amendment, effective as of Nov. 25, added a new provision to the Arizona Constitution, Article 2 Section 8.1, establishing and protecting a fundamental right to abortion. This provision prohibits the enforcement of any policy that restricts abortion before fetal viability unless justified by a compelling state interest achieved by the least restrictive means.
Planned Parenthood and two obstetrician-gynecologists filed a lawsuit at the Arizona Superior Court, Maricopa County, challenging the constitutionality of the 15-week abortion ban. The lawsuit argued that the ban infringes on an individual’s autonomous decision-making and does not improve or maintain the health of individuals seeking abortion care.
The lawsuit sought a declaratory judgment stating the ban is unconstitutional and a permanent injunction preventing the state from enforcing it. Cathi Herrod emphasized the importance of protecting the life of the unborn child and preventing risks to women by implementing the 15-week limit.
Arizona Attorney General Kris Mayes’s office stated that while the amendment expands abortion access, it will take time to determine its impact on existing abortion laws. Mayes signed a stipulation of non-enforcement with the plaintiffs, agreeing that the 15-week ban is unconstitutional under Article 2 Section 8.1.
If the court decides to keep the ban in effect, it will not be enforced until all appeals are concluded. Arizona had an 1864 law banning abortion except in cases where the woman’s life was in danger, which was repealed in May 2 by Gov. Katie Hobbs through HB 2677. Please rephrase this sentence.
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